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HomeMy WebLinkAboutO-1251 - Adds Ch. 18.24; amends Sec. 3.12.020 and 3.12.030, mitigation assessments; repeals Ch. 3.80 and Sec. 18.20.040 and 20.16.145 (3.12)" CIT Y 0 F M~~R Y S V ILL E Marysville,Washington ORDINANCE NO.1;t~J AN ORDINANCE OF THE CITY OF MARYSVILLE ~PROVIDING FOR THE MITIGATION OF ADVERSE IMPACTS RESULTING FROM DEVELOPMENT PROPOSALS, EST~BLISHING A PROCEDURE FOR VOLUNTARY PAYMENTS BY DEVELOPERS FOR MITIGATION OF SUCH IMPACTS,PROVIDING FOR THE USE OF SAID FUNDS BY THE CITY,AND REPEALING CHAPTER 3.80, SECTION 18.20.040 AND SECTION 20.16.145 OF THE MARYSVILLE MUNICIPAL CODE,AND AMENDING CHAPTER 3.12 OF THE MARYSVILLE MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN AS FOLLOWS: SECTION 1.Chapter 3.80 of the Marysville Municipal Code is hereby REPEALED,effective prospectively from July 1,1982. SECTION 2.Section 18.20.040 of the Marysville Municipal Code is hereby REPEALED,effective prospectively from July 1, 1982. SECTION 3.Section 20.16.145 of the Marysville Municipal Code is hereby REPEALED. SECTION 4.A new chapter is hereby enacted in Title 18 of the Marysville Municipal Code providing as follows: CHAPTER 18.24 MITIGATION OF IMPACTS RESULTING FROM DEVELOPM~T-PROP6SALS~------------------------------------ Section 18.24.010 Policy.It is the policy of the City of Marysville to implement the State Environmental Policy Act,RCW 43.21C,and the State Subdivision Code,RCW 58.17,by requiring the proponent of any subdivision,rezone,project or development to mitigate any and all impacts directly resulting from the same which adversely affect the environment or the public health, safety or welfare.Mitigation measures,including dedication of property to public use and voluntary payments into the City's Growth Management Fund,shall be a material consideration in the approval,modification or denial of all such proposals. Ordinance - 1 ('.\1 r...".....:.r.' ~ developments (hereinafter collectively referred to as "projects") which are found by the Responsible Official of the City of Marysville,the Planning Commission,Board of Adjustment or City Council to directly result in adverse environmental impacts or to adversely affect the public health,safety or welfare (hereinafter referred to as "adverse impacts"),shall be required to mitigate such impacts as a condition of receiving City approval to proceed with the project.Provided,that mitigation requirements shall not apply to categories of projects which are exempt under WAC 197-10-170,except for short plats,duplexes and triplexes,the exemption for which is hereby repealed for the purposes of this chapter. Section 18.24.030 Miti ation Re uirements Identified.The City legls atlve or a mlnlstratlve aut orlty lssulng t e project approval shall determine and identify those adverse impacts which will directly result from the proposed project,and shall determine and identify required mitigation of the same.Such mitigation may include dedication of land or easements within the proposed project.It must be established that each mitigation requirement is reasonably necessary as a direct result of the project. Section 18.24.040 Mitigation of Adverse Impacts.The City legislative or administrative authority issuing the project approval shall condition the same upon satisfactory mitigation of all identified adverse Impac t s by one of the following alternative methods: (a) (b) ( c ), The proponent may ~odify the project so as to avoid creating adverse impacts~'or .The proponent may undertake,at its own cost,to mitigate all identified adverse impacts on a time schequle agreed upon with the City legislative or admirii~~rative authority issuing the project approval~ or ~f the City determines that the identified adverse impacts would best be mitigated on a regional basis,the City shall prepare a cost estimate for the regional capital improvements,and shall define a benefit area for the same.The City and the proponent shall negotiate the fair share of said total cost to be allocated to the proponent's project,being guided by assessment ~ethods allowed in Chapter 35.44 RCW.A proponent may enter into an agreement with the City to pay the mitigation assessment for the project on a mutually agreed upon time schedule or may dedicate land Ordinance - 2 •'.~..J I, .~. ," ~,," or do public works as a credit against the mitigation assessment,as provided below. If such mitigation is not deemed possible,practical or in the public interest,the proposed project maybe denied. Section 18.24.050 Credit Against Mitigation Assessment for Dedication of Land.At the option of the City Council,a proponent may be allowed or required to dedic~te land,or cause land to be dedicated,to the City for pUblic purposes.In such a case,the proponent shall be granted a credit against any part or all of the mitigation assessment referred to above,to the extent of the appraised value of the land which is dedicated.The implementation of this credit shall be in accordance with the following criteria:"" (a)Dedication of land shall only be required or accepted by the City upon a finding that it is reasonably necessary as a direct result of the proposed project,and will tend to mitigate adverse impacts of the project. (b)No credit shall be given for dedication of land for public road right-of-way located on the subject property or which abuts the same or otherwise provides.direct access to the subject property. (c)In evaluating a specific parcel of land for dedication, the City shall consider the following factors: 1.Compatibility of the land with the City's then-current Comprehensive Plan for public facilities; 2.Topography,geology,access and location of the land,as the same relate to its effective development and use for pUblic purposes; 3.The proximity of the land to pre-existing property under public ownership; 4.The proximity of the land to existing and foreseeable population concentrations; 5.The possibility of combining the land properties which are presently ownership or are anticipated acquisition; with abutting under public for future 6.The environmental and economic impact of developing Ordinance - 3 ·...:.~ and using the land for public purposes; 7.The fair market value of the land; 8.The extent,if any,whichJdedication of the land to the public would unreasonably interfere with the private development and ~se of abutting properties. (d)If either the City or the proponent desire to pursue the option of land dedication,they shall,by mutual agreement,retain the services-of a qualified appraiser who shall investigate and report to the parties the appraised value of the subject land.The cost of the appraisal shall be borne equally by the City and the proponent.Within thirty (30)days from the date of the appraisal report,the City shall notify the proponent of its decision whether the dedication will be required/allowed as a condition of project approval. (e)In the event the City requires/allows dedication,the owner of the property shall deed or dedicate the same to the City with a warranty of clear title,as a condition of receiving final approval of the project. (f)The proponent shall be given a credit'against the mitigation assessment referred to above which is equal to the appraised value of the dedicated.land. (g)The City shall have complete discretion with respect to the use of the dedicated land,and the schedule for the development of the same;provided,that any such use or development shall be consistent with all applicable laws of the City,state and federal governments. Section 18.24.060 Credits for pUbll£_~££~_£~_~~~l£~~! Improvements.In any cas~where a proponent requests permisslon to develop,at its own cost,a regional improvement to the pUblic street system,park and recreational facilities,storm drainage and flood control facilities,or public safety facilities,which are located either on the subject property or off site and which would contribute to mitigation of identified adverse impacts resulting from the project,the City may,in its sole discretion, grant permission to the proponent to perform such public work,and the value of the same shall be credited against the mitigation assessment for the project.The value of such work shall be determined by the City Engineer and shall be consistent with the probable cost of such work if it were put out for public bid.In authorizing such public work,and in granting a credit against the mitigation assessment,the City Council must find that said work Ordinance - 4 ,.,:,...' " ,. ','.'I ~ is in the public interest and meets the following standards: (a) (b) (c ) (d) (e ) (f) ( g ) The public work must be a regional improvement which is provided for and anticipated in the City's Comprehensive Plan~no credit shall be allowed for construction of local access streets within the subject property or which abut the same or otherwise provide direct access to the subject property~ The public work must be directly related to the mitigation of impacts created or contributed to by the project~ The timing for the development of the public work must be consistent with the long-range scheduling for such development by the City~ The proponent or its contractor must demonstrate its financial and professional ability to perform the project in a workmanlike manner and in compliance with all sp~cifications for the project and all gove~nmental regulations relating thereto~ The proponent or its contractor shall be required to comply with all bonding and warranty requirements ~therwise applicable to public works; The proponent or its contractor shall be required to deposit with the City cash in a sum equal to the public work contract retainage requirement specified in RCW 60.28.010.Said deposit shall be subject to all provisions contained in RCW Chapter 60.28~ The proponent shall deed and convey the completed project and facilities to the City,for no cost,as a condition of receiving final ':approval of the development or construction in quest~on. ,. Sec t i on 18.24 •070 Use .0 f;·Mit i ~a t ion Ass e ssm en t S •,A 11 mitigation assessments paid to th~Clty-under-th1,s-chaptershall be deposited in the Growth Management Fund established under Chapter 3.12 of the Marysville Municipal Code,and shall be held and used subject to the following provisi~ns: (a)Mitigation assessments paid by a proponent may only be expended by the City on capital improvements agreed upon between the proponent and the City which are designed to mitigate impacts directly resulting from the proposed project. Ordinance - 5 ...,t ..1 •t·:.,' ...>,... ',.';, (b)Mitigation assessments shall be expended for such purposes within five years after the date of payment to the City. (c)Any mitigation assessment not so expended shall be refunded with interest at the rate.then established by state law as applying to jUdgments~The refund,shall be made to the property owner of the subject property who is of .record at the time of the refund.Provided,that if the mitigation assessment is not expended within the five-year period due to delay attributable to the proponent,or its successors or assigns,the mitigation assessment shall be refunded without interest. S~£!l£g_l~~!~Q~Q__A£E~~l~_!£_!h~_fi!¥_Coug£ll.Any proponent aggrleved by the amount of a mltigatlon assessment,or by a determination requiring the dedication of land,may appeal the same to the City Council by filing a written notice of appeal with the City Clerk within twenty (20)days from the date thereof. The City Council shall hold a hearing on such appeal within thirty (30)days after the date on which the notice of appeal was filed. Notice of the time and place of the hearing shall be mailed to the proponent.At the hearing the proponent shall be entitled to be heard and introduce evidence on its own behalf.The City Council shall thereupon make a final decision on the matter and shall advise the proponent of the same in writing. SECTION 5.Section 3.12.020 of the Marysville Municipal Code is hereby amended to provide as follows: Source of Monies.The Growth Management Fund shall include deposits from the following sources: (a)All proceeds prior to July 1,1982,from the City's excise tax on the business of developing real estate for residential purposes and the business of constructing new residential dwelling units. (b)All mitigation assessments paid to the City pursuant to Chapter 18.24 of the Marysville Municipal Code. (c)All funds donated to the City for growth management purposes. (d)All funds appropriated by the City for such purposes and specifically deposited in the Growth Management Fund. Ordinance 6 ·.'II.,',.!.". ,.,••·,l"'~• ... I .'i '~..... SECTION 6.Section 3.12.030 of the Marysville Municipal Code is hereby amended to provide as follows: Expenditures.Expenditures from said fund may be made by the City Council only for the purposes of acquisition,maintenance and capital improvements to City parks,recreational facilities and open space;acquisition,maintenance and capital improvements to City streets,sid~walks,appurtenances and traffic control devices;acquisition,maintenance and capital improvement to storm drainage and flood control facilities;and acquisition and capital improvements for City Police and Fire Departments.All such expenditures must be directly related to the mitigation of impacts resulting from growth and development in the City of Marysville. Expenditures of mitigation assessments collected pursuant to Chapter 18.24 of the Marysville Municipal Code shall be subject to the additional special restrictions contained in said chapter. PASSED::he City Council and APPROVED by the Mayor this /~ day of a ~.e"er ,1982. THE CITY OF MARYSVILLE ATTES . B~~ APPROVED AS TO FORM: By . Ordinance - 7 ArrlDAVIT OF PUBLICATION· No._ STATE OF WASHINGTON, County of Snohomish, SS. _-J_:t.1J.__~.,__\19J?_9KQ~t.h ,being first duly sworn on oath deposes and says that he is the __._~~_~~~_~.~!'_y._ of THE MARYSVILLE GLOBE.a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18,1962 in compliance with Chapter 213 of Washington Laws of 1941.and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to.published in the English language continually as a weekly newspaper in Marysville,Snohomish County.Wash- ington.and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a Ordinance No.1251 ._____________________________________________as It was published in regular issues (and not in supplement form)of said newspaper once each week for a period of Q[l51__con- secutive weeks.commencing on the _.l5.tb_day of 3..e.p.t-..._. 19J:3.Z..and ending on the l5t.nlay of __S53-12t ....19_.8..2, both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- cation is the sum of $__~?_~~9~__.which amount has been paid in full Subscribed ~before me-:~i:-::::~l~:: day of _~).::';!~.. Notary Public in and for the State of Washington, Residing at Marysville. PUBLIC NOTICE your right to know CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO. 125t AN ORDINANCE OF THE CITY OF MARYSVILLE PROVIDING.FOR THE MITIGA· TION OF ADVERSE IMPACTS RESULTING FROM DEVELOPMENT PROPOSALS. ESTABLISHING A PROCEDURE FOR VOLUNTARY PAYMENTS BY DEVELOPERS FOR MITIGATION OF SUCH IMPACTS,PROVIDING FOR THE USE OF SAID FUNDS, BY THE CITY,AND REPEALING CHAPTER 3.80,SECTION 18.20.040 AND SECTION 20.16.145 OF THE MARYSVILLE MUNICIPAL CODE,AND AMENDING CHAPTER 3.12 OF THE MARYSVILLE MUNICIPAL CODE. THE CrTY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON.DO OR· DAIN AS FOLLOWS: SECTION 1.Chapter 3.80 of the Marysville Municipal Code is hereby REPEALED,ef- fective prospectively from Juiy 1,1982. SECTION 2. Section 18.20.040 of the Marysville Municipal Code is hereby REPEALED, effective prospectively from July 1.1982. SECTION 3. Section 20.16.145 of the Marysville Municipal Code is hereby REPEALED. SECTION 4. A new chapter is hereby enacted in Title 18of the Marysville Municipal Code providing as follows: CHAPTER 18.24 MITIGATlON OF IMPACTS RESULTING FROM DEVELOPMENT PROPOSALS. I Section 18.24.010 Policy.It is the policy of the City of Marysville to implementlhe State Environmental Policy Act, RCW 43.21C,and the State Subdivision Code, RCW 58.17. by requiring the proponent of any subdivision,rezone,project or development to mitigate any and all impacts directly resulting from the same which adversely affect the environ- ment or the public health,safety or welfare.Mitigation measures,including dedication ,of property to public use and voluntary payments into the City's Grow1h Management .Fund,shall be a material consideration in the approval,modification or denia I of all such ·proposals. . Section 18.24.020 Projects Subject to Mitigation Requirements.All subdivisions, rezones, projects and developments (hereinafter.collectively referred to as uproiects") which are found by the Responsible Official of the City of Mary.sville.the Planning Com' mission,Board of Adjustment or City Council to directly result in adverse envtronemen- tal impacts or to adversely affect the public health.safety or welfare (hereinafter refer· "red to as lIadverse impacts"),shall be required to mitigate such impacts as a condition of receiving City approval to proceed with the project.Provided.that mitigation re- quirements shall not apply to categories of projects which are exempt under WAC 197'10·170,except for short plats,duplexes and trtplexes.the exemption for which is hereby repealed for the purposes of this chapter. Section 18.24.030 Mitigation Requirements Identified.The City legislative or ad· mlnistrative authority issuing the project approval shall determine and identify those adverse impacts which wili directly result from the proposed project,and shall deter' mine and identify required mitigation of the same. Such 'mitigation may include 'dedicaiton of land or easments within the proposed project.It must be established that each mitigation requirement is reasonably necessary as a direct result of the project. Section 18.24.040 Mligation of Adverse Impacts.The City legislative or administral.,-ve authority issuing the project approval shall condition the same upon satisfactory mitiga- tion of all identified adverse impacts by one of the following alternative methods: (a) The proponent may modify the project so as to avoid creating adverse impacts,or (b) The proponent may undertake,at its own cost, to mitigate all identified adverse Impacts on a time schedule agreed upon with the City legislative or administrative authority issuing the project approval,or (c) If the city determines that the identified adverse impacts would best be mitigated on a regional basis, the City shall prepare a cost estimate for the regional capital lrn- provements,and shall define a benefit area for the same. The City and the proponent shall negotiate the fair share of said total cost to be allocated to the proponent's project, being guided by assessment methods allowed in Chapter 35.44 RCW. A proponent may enter into an agreement with the City to pay the mitigation assessment for the project on a mutually agreed upon time schedule or may dedicate land or do public works as a credit against the mitigation assessment, as provided below. If such mitigation is not deemed possible,practical or in the public interest,the propos- ed project may be denied. Section 18.24.050 Credit Against Mitigation Assessment for Dedication of Land.At the option of the City Council,a proponent may be allowed or required to dedicate land, or cause land to be dedicated,to the City for public purposes.In such a case, the proponent shall be granted a credit against any part or all of the mitigation assessment referred to above, to the extent of the appraised value of the land which is dedicated.The implemen- tation of this credit shall be in accordance with the following criteria: (a)Dedication of land shall only be required or accepted by the City upon a finding that it is reasonably necessary as a direct result of the proposed project;and will tend to mitigate adverse impacts of the project. (b) No credit shall be given for dedication of land for public road right-of-way located on the subject property or which abuts the same or otherwise provides direct access to the subject property., (c) In evaluating a specific parcel of land for dedication,the City shall consider the following factors: 12-The GLOBE Wednesday,September 15, 1982 1.Compatibility olthe land,with the City's ihen,c_Inprehensive Plan for public facilities,''.- 2.Topogra phy,geology,afcess ana.locatio.'of the I ,s tile Same relate to its effec· tive development and use for public purposes, 3. The proximity of the land to pre-exlstlnq property under public ownership; 4.The proximity of tnetand to existing and foreseeable population concentrations; 5. The possibility of combining the land With abutting properties which are presently under public ownership or are anticipated for future acquisition, ·6. The environmental and economic impact of developing and using the land for public purccses. ~:i~::~~~:::,ai~k:~y~a.).~~cC:J~~i~aa~~~n of ttle land to the public would unreasonably ln- terfere with the private development and usb of abuning properties. (d)If either the City or the proponent desire to pursue the option of land dedication. they shall,by mutual agreement,retain the services of a qualified appraiser who shall investigate and report to the parties the appraised value of the subject land.The cost of the appraisal shall be borne equally by the City and the proponent.Within thirty (30) days from the date of the appraisal report,the City shall notify the proponent of its deci· sion whether the dedication will be required/allowed as a condition of project approval. (e) In the event the City requires/allows dedication,the owner oif the poperty shall deed or dedicate the same to the City with a warranty of clear title.as a condition of receiving final approval of the project. (I)The proponent shall be given a credit against the mitigation assessment referred to above which is equal to the appraised value of the dedicated land. (g) The City shall have complete discretion with respect to the use of the dedicated land,and the schedule for the development of the same;provided,that any such use or development shall be consistent with all applicable laws of the City,state and federal governments. Section 18.24.060 Credits for Public Work on Regional Improvements.In any case where a proponent requests permission to develop, at Its own cost, a regional improve- ment to the public street system,park and recreational facilities,storm drainage and flood control facilities.or public safety facilities,which are located either on the subject property or off site and Which would contribute to mitigation of identified adverse im- pacts resulting from the project,the City may I in its sole discretion,grant permission to the proponent to perform such public work,and the value of the same shall be credited against the mitigation assessment for the project.The value of such work shall be deter- mined by the City Engineer and shall be consistent With the prObable cost of such work if it were put out for public bid. In authorizing such public work,and in granting a credit against the mitigation assessment,the City Council must find that said work is in the public interest and meets the following standards: (a) The public work must be a regional improvement which is provided for and an- ticipated in the City's Comprehensive Plan;no credit shall be allowed for construction of local access streets within the subject property or which abut the same or otherwise pro- vide direct access to the subject property; (b) The public work must be directly related to the mitigation of impacts created or colilributed to by the project; (c) The timing for the development of the public work must be consistent With the long' range scheduling for such development by the City, (d) The proponent or its contractor must demonstrate its financial and professional ability to perform the project in a workmanlike manner and in compliance with all specifications for the project and all governmental regulations relating thereto; (e) The proponent or its contractor shall be required fo comply with all bonding and warranty requirements otherwise applicable to public works; (f) The proponent or its contractor shall be required to deposit with the City cash in a sum equal to the public work contract retainage requirement specified in RCW 60.28.010. Said deposit shall be subject to all provisions contained in RCW Chapter 60.28; (g) The proponent shall deed and convey the completed project and facilities to the Ci· tv.for no cost. as a condition of receiving final approval of the development or construc- tion in question. Section 18.24.070 Use of Mitigation Assessments.All mitigation assessments paid to the City under this chapter shall be deposited in the Grow1h Management Fund established under Chapter 3.12 of the Marysville Municipal Code. and shall be held and used subject to the following provisions: (a)Mitigation assessments paid by a proponent may only be expended by the City on capital improvements agreed upon between the proponent and the City which are design· ed to mitigate impacts directly resulting from the prOPOsed prolect. (b)Mitigation assessments shall be expended for such purposes within five years after the date of payment to the City. (c) Any mitigation assessment not so expended shall be refunded with interest at the rate then established by state law as applying to judgments.The refund shall be made to the property owner of the subject property who is of record at the time of the refund.Pro. vided,that ilthe mitigation assessment Is not expended within the five-year period due to delay attributable to the proponent,or its successors or assigns,the mitigation assess- ment shall be refunded without interest. Section 18.24.080Appeals to the City Council.Any proponent aggrieved by the amount of a mitigation assessment,or by a determination requiring the dedication of land,may appeal the sameto the City ceuncn by filing a written notice of appeal with the City Clerk within twenty (20)days from .the date thereof.The City Council shall hold a hearing on such appeal within thirty (30) days after the date on which the notice of appeal was flied. Notice of the time and place of the hearing shall be mailed to the proponent.At the hear- ing the proponent shall be entitled to be heard and Introduce evidence on its own behalf. The City Council shall thereupon make a final decision on the matter and shall advise the proponent of the same in writing. SECTION 5. Section 3.12.020of the Marysville Municipal Code is hereby amended to provide as follows: Source of Monies.The Growth Management Fund shall inclUde deposits from the following sources:. (a)All proceeds prior to July 1,1982"from the City'S excise tax on the business of developing real estate for residential purposes and the business of cosntructing new residential dwelling units. (b)All mitigation assessments paid to the City pursuant to Chapter 18.24 of the MarySVille Municipal Code. (c)All funds donated to the City for grow1h management purposes.. (d)All funds appropriated by the City for such purposes and specifically deposited in the Growth Management Fund. SECTION 6. Section 3.12.030 of the Marysville Municipal Code is hereby amended to provide as follows: Expenditures.Expenditures from said fund may be made by the City Council only for the purposes of acquisition,maintenance and capital Improvements to City parks, recreational facilities and open space;acquisition,maintenance and capital lrn- provements to City streets,sidewalks,appurtenances and traffic control devices; ac- quisition,maintenance and capital improvement to storm drainage and flood control facilities;and acquisition and capital improvements for City Police and Fire Depart- ments.All such expenditures must be directly related to the mitigation of impacts resulting from growth and development in the City of Marysville.Expenditures of mitigation assessments collected pursuant to Chapter 18.24of the Marysville Municipal Code shall be subject to the additional special restrictions contained in said chapter. PASSED by the City council,and APPROVED by the Mayor this 13th day of September,1982. ' THE CITY OF MARYSVILLE By s/Daryl Brennick,Mayor ATTEST:By s/Phillip E.Dexter,City Clerk APPROVED AS TO FORM:By s/James H.Allendoerfer,City Attorney PUblished:September 15, 1982